• Vakalatnama

Hi, 
I am fighting a divorce case, false allegations of cruelty & desertification filed by husband 
I am Australian permanent resident but still an Indian citizen, I gave power of attorney to my mom it was signed by Indian consulate in Australia. 
My question is can my mom sign my vakalatnama as she has POA
2. My lawyer wants vakalatnama (three documents - application for permission, vakalatnama bandra, vakalatnama) to be signed by me and get it notarised. Notary has to be by Notary Public or Indian consulate? Coz of covid Indian consulate is not accepting appointments, we can submit online application through agent VFS which cost $400 for each document (here $400*3) 
Can I avoid three documents and give only 1 vakalatnama 
Also is notary public sufficient?
Asked 4 years ago in Family Law
Religion: Hindu

12 answers received in 1 day.

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15 Answers

A PoA has been given. It can be notarised. Vakalatnama can be sent by the lawyer ie pdf file. It can be signed and sent back via postal service.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Vakalatnama can be notarised by a public notary in your country and sent.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can sign vakalatnama and get it notarised by notary public 

 

2) all 3 documents can be notarised and sent to your lawyer 

 

3) however if court insists then you will need attestation  before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

It is mandatory for vakalatnama to be notarised 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You can get the same signed by you and attested by notary in USA. Poa can sign but vakalatnama being basic document it's ideal that you sign it's

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Yes,  she can. 

2. Vakalatnama signed by your mother on the basis of the power of attorney deed given in her favor is more than enough. 

You can change the lawyer if this lawyer is not aware of the procedures of law. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you are signing the vakalatnama,  it is mandatory that it has to attested by a notary public of that country. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

There is no need to get the vakalatnama notarized as it is not required by law.

You can simply sign the vakalatnama and send it over by courier.

Also, POA holder can execute vakalatnama on your behalf.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

It is not mandatory for the vakalatnama to be notarized. Just the signatures need to be identified by the advocate.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Since your mother is POA holder she can sign written statement and application on your behalf 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

If your mother is your power of attorney agent to handle the cases pending in courts during your absence, she can very well sign the vakalatnama.

Once she has signed the vakalatnama, she can sign the written statement also on your behalf.

She can sign the application for domestic violence case also on your behalf on the basis of the POA deed executed in her favor.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear client, 

As the case is filed agasint your name, your sign will be required for the application and written statement. 

Thank you. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. vakalatnama is only required to be signed by the client engaging the lawyer. no need of any notary. just sign it and courier it to your lawyer 

2. the application and WS can be signed by your mother on your behalf as your POA holder 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Your mother can sign it on your behalf there is no need for you to courier the same

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Sign and courier but it's better to notarize it 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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